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Do I have a case for malpractice or failure to diagnose?

Chicago, IL |

I was referred to a specialist for work on my knee. I was unable to make an appointment with the doctor and saw her PA. Another PA intern gave the first shot and after I was in an enormous amount of pain. I complained continuously about the pain. For my third visit I was to see the doctor but she only sent a substitute with out explanation. I never met the doctor and she never called me although I experienced tremendous pain under treatment by her underlings. Finally, I went to another doctor. It appeared I had tendinitis in that leg and probably should not have had those shots. After extensive therapy, I am now able to walk without pain. Can I sue this physician for failure to diagnose? I never expected not to see or hear from this doctor at any time during my treatment.

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Attorney answers 4


This may not qualify as falling below the standard of care and your injury is neither serious enough or permanent to justify a hugely costly malpractice case if you obtain your records and have a malpractice lawyer re Jew them, you'd know for sure. Be happy to talk to you.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


Without damages, a lawsuit would likely cost more than could be recovered, however, call a local malpractice lawyer to discuss in detail.


What you described isn't enough to pursue a claim. It costs tens of thousands of dollars to prosecute a malpractice case, and that means that only the most seriously injured people have a large enough claim to warrant it. It's unfair because it means that substandard care is most often left un-redressed, but that's the system we have. Sorry we can't be much help in this instance.

Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-client relationship. I'm happy to talk to prospective clients in my areas of concentration and geographical location.


Doesn't appear that you have damages to recover for.

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